You can face criminal charges under CaliforniaHS 11351(a) if you possess prescription medication without a legal prescription. The charges you face can be similar to those of possessing a controlled substance. Possessing prescription drugs that are not prescribed to you is a misdemeanor crime. The potential penalties include a jail time of up to a year in a county jail. You can qualify for a diversion program instead of serving time in prison. However, whether you face jail time or a diversion program will depend on your criminal record and the facts of your case.
You can face charges for illegal possession of prescription drugs if you possess any of the following medicines:
- Ketamine
- Oxycontin (Oxycodone)
- Hydrocodone (Vicodin)
- Codeine
- Valium
- Xanax
Possessing Prescription Medication Without A Prescription
You will face drug crime charges if, underHS 11351(a), you possess prescription medication without a legal prescription. HSC 11351a also outlines the offense of possessing a controlled substance. The prosecutor must prove several elements to face charges under this statute:
- You had a controlled substance on your person, vehicle, or other area under your control
- You knew about the substance's presence
- You understand the nature of the substance as a controlled substance
- You possessed a usable level/amount of the substance
Most people often ask: What is a controlled substance? Any substance controlled by the U.S. government through the Controlled Substance Act qualifies as a controlled substance. Illegal controlled substances include:
- Heroin
- Cocaine
- Methamphetamine
- LSD
Controlled substances can also include legal prescription medication. A controlled substance is any drug that has been placed under a schedule of controlled drugs under California law. The Drug Code outlines several schedules of controlled substances under California law.
- Schedule I drugs — These include cocaine, opiates, and mescaline
- Schedule II drugs — They include morphine, raw opium, and other narcotics
- Schedule III drugs — These drugs include anabolic steroids and pentobarbital
- Schedule IV drugs — They include prescription medication like zolpidem, diazepam, and other prescription drugs
- Schedule V drugs — These are lesser-controlled prescription medications like codeine in low doses
Under Prop. 47, possessing any drug that is outlined under any of the schedules outlined above is a misdemeanor crime. However, sometimes, you can face more severe charges. Misdemeanor charges apply to offenders who do not have past criminal histories for violent crimes and are not registered sex offenders. In addition, you can face misdemeanor or felony charges depending on the drug and the amount you possess. Jail time and fines are not the only penalties for possessing drugs not prescribed to you. A conviction can lead to additional challenges, including:
- Finding employment can be challenging when you have a conviction on your record. Many employers conduct comprehensive background checks on potential employees. In addition, when applying for a government job, you must seek a security clearance.
- Tenancy issues — Renting an apartment following a conviction can also be challenging. Many property owners are hesitant to take in tenants with criminal records.
- College financial aid — A criminal conviction can make it challenging to access college financial aid to pay for your higher education. It can also prevent you from graduating if you are currently a student.
- Immigration consequences — Depending on your criminal records and the facts of your case, a conviction for unlawful possession of prescription drugs can have adverse immigration consequences. If you are convicted of a felony, you can face deportation.
- Custody issues — If you seek custody of your children, a judge can rule against you if you have a criminal conviction.
There are many potential consequences of a criminal conviction. You should contact an experienced attorney immediately after the prosecutor accuses you of possessing drugs not prescribed to you.
When You Have A Valid Prescription
You cannot face criminal charges if you have a valid prescription for the drugs you possess. The prescription must be written and issued by a qualified medical professional. Some of the medical professionals who can issue valid prescriptions include the following:
- Dentists
- Physicians
- Podiatrists
- Veterinarians
Understanding Possession
Drug possession can be actual or constructive. You are in actual possession if you hold a substance and have direct access to it. For example, if a prescription drug is in your pocket or a bag you carry, you are in actual possession.
You are in constructive possession of a prescription drug if you have no immediate or direct access to it but have control over it. You can be in constructive possession of a prescription drug if it is in your vehicle or house. You can share actual or constructive possession of a drug with another person. This is called joint possession.
The Prescription Drug Must Be In A Usable Level or Amount
The prescription drug you possess must be at a usable level to face criminal charges. A usable amount means that the drug is sufficient to serve as a controlled substance. Tiny debris or traces do not qualify as usable levels of a drug. You should note that being usable does not mean that the drug should be sufficient to intoxicate a user.
Drug Diversion Program
The role of Prop 47 is to encourage treatment instead of punishment for simple drug offenses. Therefore, the court can be open to the idea of a drug diversion program instead of sending you to jail. Only misdemeanor offenders can qualify for a drug diversion program. You must plead guilty to the prescription drug possession charge when you enter a drug diversion program. The court delays your sentencing until you complete the diversion program. The court dismisses your charges when you complete the program and adhere to other applicable conditions. After completing the program, you can choose not to reveal the conviction when someone inquires about your criminal record. You will be free of the sentence and its accompanying hardships.
Common Legal Defenses
Your attorney can assist you in building a solid defense based on the nature of your charges. Some of the common legal defenses you can present include:
You Had A Valid Prescription
You can point out that you had a valid prescription to possess the drugs. For this defense to be valid, a prescription must be issued by a state-licensed medical expert and must also be current. The prescription must bear your name or other identifying details. In addition, you should not possess more drugs than the amount outlined in the prescription.
You Had No Knowledge
You can also argue that you did not know about the presence of the drug or its nature as a prescription drug. Perhaps your friend or relative left the prescription drug in your vehicle. You could also have borrowed a friend's jacket; the drug was in the pocket. Someone could have hidden the prescription drugs in your apartment without your knowledge.
Police Misconduct Or Illegal Search And Seizure
The police can violate your rights by subjecting you to an illegal search or seizure. If the police violated your rights during the arrest, your attorney can use this fact to craft your defense. The judge can exclude the illegally-acquired evidence from your case. This would leave the prosecutor with no option but to drop your charges. The prosecutor can also offer you a plea bargain for a lesser offense.
Your attorney will do everything possible to have your charges dismissed. However, it is not always possible to have your charges dismissed. If a dismissal is not an option, your attorney can negotiate for the most favorable outcome. One of the best strategies is negotiating for a drug diversion program instead of serving time in jail.
Before the passage of Prop. 47, you could have been convicted of a felony for simple drug possession. If you had been convicted of a felony before the passage of Prop. 47, an attorney can assist you with your petition to reduce your previous charges.
Possessing Drugs Not Prescribed To You For Sale
It is a severe offense under HS 11351 to illegally possess prescription drugs for sale. It is also an offense to possess legally prescribed drugs, intending to sell them to another person illegally. What are some of the indicators that you possess prescription drug sales? You can possess drugs for sale if you have large quantities of the drugs or you have packaged the drugs into regular quantities. Having weighing scales and cash in small amounts can also indicate that you intend to sell prescription drugs.
Possessing prescription drugs for sale is a felony crime. Potential penalties include 2 to 4 years imprisonment in a state prison. The judge can also impose a hefty fine of up to $20,000.
You can employ several defenses to fight the charges of possessing prescription drugs for sale:
- No drug possession
- A valid prescription for the drugs
- Police misconduct
- You did not intend to sell prescription drugs
Illegal Use Of Prescription Drugs
If you possess drugs not prescribed to you and you use them, you can face illegal use of prescription drug charges. Under California HS 11350, it is a misdemeanor crime to use prescription drugs illegally. To face charges under this statute, the prosecutor must prove that you used the prescription drugs right before your arrest.
It must be evident that you used the prescription drugs and that you are not just undergoing withdrawal symptoms from the drugs. If you use a prescription drug and it impairs your ability to operate a vehicle, you will face charges under VC 23152(a). This would be a DUID violation that can lead to suspension of your driver's license for six months to three years.
To face charges for driving under the influence of prescription drugs, the prosecutor must prove that the drugs impaired your ability to drive with ordinary care.
Under HS 11350, being impaired is not a requirement to face charges for the illegal use of a prescription drug. The prosecutor only needs to prove that there was a detectable amount of the drug in your system. The unlawful use of a prescription drug is a felony offense punishable by a jail time of up to one year. You can also be subject to probation for up to five years. The other potential penalties include community service and mandatory drug counseling.
Prescription Drug Fraud
Prescription drug fraud, also known as doctor shopping, is a severe offense under California HS 11173. You can face charges under this statute if you have prescription drugs prescribed to you through fraud. You can face charges for merely attempting to commit prescription fraud. Medical experts can face criminal charges if they pretend to be someone legally mandated to prescribe drugs. It is also unlawful for medical experts to make false statements on prescriptions.
If You Sell Or Transport Prescription Drugs
You can face felony charges under California HS 11352 if you sell or transport prescription drugs not prescribed to you. The charges can apply if you administer, sell, furnish, or give away prescription drugs. The potential penalties for a prescription for selling or transporting prescription drugs include imprisonment of three to five years in a state prison. Having a felony conviction on your record can affect many areas of your life, including your ability to find employment. You can fight your charges by pointing out that you did not sell or transport prescription drugs.
Why You Need An Attorney
When you face charges for possessing drugs not prescribed to you, you might feel tempted to represent yourself in court. You should not make the mistake of failing to seek legal counsel. An attorney will come in handy to help you craft a solid defense for your case. Here are some of the reasons why you should hire an attorney:
- An attorney has probably handled many cases similar to yours and can help you obtain the best possible outcome
- Attorneys have a thorough understanding of the legal system
- Enables you to gather evidence to support your defense
- Challenges the prosecutor's evidence on your behalf
Find an Experienced Criminal Defense Attorney Near Me
Possessing prescription drugs not prescribed to you can have devastating penalties that can affect many areas of your life. You should contact an attorney immediately after you learn that you are under investigation for the offense. At the Foos Gavin Law Firm, we have vast experience handling all drug offenses in Sacramento, CA. We have handled numerous cases and understand what winning a drug possession case takes. Do not hesitate to contact us today for reliable legal representation. Our attorneys will go out of their way to achieve the best possible outcome for your case. Contact us at 916-779-3500 to talk to one of our attorneys.
